30-28-115. Public welfare to be promoted - legislative declaration - construction.
Statute text
(1) Such regulations shall be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the state, including lessening the congestion in the streets or roads or reducing the waste of excessive amounts of roads, promoting energy conservation, securing safety from fire, floodwaters, and other dangers, providing adequate light and air, classifying land uses and distributing land development and utilization, protecting the tax base, securing economy in governmental expenditures, fostering the state's agricultural and other industries, and protecting both urban and nonurban development.
(1.5) (a) The general assembly finds and declares that access to outpatient clinical facilities providing reproductive health care, as defined in section 25-6-402 (4), is a matter of statewide concern and that, for purposes of zoning and other land use planning, such facilities fall within the meaning of a medical office use, a medical clinic use, a health-care use, and other facilities that provide outpatient health-care services.
(b) For the purposes of zoning and other land use planning, every local government that has adopted or adopts a zoning ordinance shall recognize the provision of outpatient reproductive health care, as defined in section 25-6-402 (4), as a permitted use in any zone in which the provision of general outpatient health care is recognized as a permitted use.
(c) Nothing in this subsection (1.5) restricts or supersedes the authority of a local government to enact uniform zoning ordinances and other land use regulations that comply with this subsection (1.5).
(2) (a) The general assembly hereby finds and declares that it is the policy of the state to assist persons who have an intellectual and developmental disability to live in typical residential surroundings. Further, the general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with intellectual and developmental disabilities, which are known as community residential homes as defined in section 25.5-10-202, C.R.S., is a matter of statewide concern and that a state-licensed group home for eight persons with intellectual and developmental disabilities is a residential use of property for zoning purposes. The phrase "residential use of property for zoning purposes", as used in this subsection (2), includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning. As used in this section, "person with a developmental disability" has the same meaning as "person with an intellectual and developmental disability" as set forth in section 25.5-10-202, C.R.S.
(b) (I) (Deleted by amendment, L. 2001, p. 103, 1, effective March 21, 2001.)
(II) The general assembly declares that the establishment of group homes for the aged for the exclusive use of not more than eight persons sixty years of age or older per home is a matter of statewide concern. The general assembly further finds and declares that it is the policy of this state to enable and assist persons sixty years of age or older who do not need nursing facilities and who so elect to live in normal residential surroundings, including single-family residential units. Group homes for the aged shall be distinguished from nursing facilities, as defined in section 25.5-4-103 (14), and institutions providing life care, as defined in section 11-49-101 (6). Every county having adopted or that shall adopt a zoning ordinance shall provide for the location of group homes for the aged. A group home for the aged established under this subsection (2)(b)(II) shall not be located within seven hundred fifty feet of another such group home, unless otherwise provided for by the county.
(b.5) The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with behavioral or mental health disorders, as defined in section 27-65-102, is a matter of statewide concern and that a state-licensed group home for eight persons with behavioral or mental health disorders is a residential use of property for zoning purposes, as defined in section 31-23-301 (4). A group home for persons with behavioral or mental health disorders established pursuant to this subsection (2)(b.5) must not be located within seven hundred fifty feet of another such group home or of another group home as described in subsections (2)(a) and (2)(b) of this section, unless otherwise provided for by the county. A person must not be placed in a group home without being screened by either a professional person, as defined in section 27-65-102 (27), or any other mental health professional designated by the director of a facility, which facility is approved by the commissioner of the behavioral health administration. Persons determined to be not guilty by reason of insanity to a violent offense must not be placed in such group homes, and any person who has been convicted of a felony involving a violent offense is not eligible for placement in such group homes. This subsection (2)(b.5) must be implemented, where appropriate, by the rules of the department of public health and environment concerning residential treatment facilities for persons with behavioral or mental health disorders. Nothing in this subsection (2)(b.5) exempts such group homes from compliance with any state, county, or municipal health, safety, and fire codes.
(c) Nothing in this subsection (2) shall be construed to supersede the authority of municipalities and counties to regulate such homes appropriately through local zoning ordinances or resolutions, except insofar as such regulation would be tantamount to prohibition of such homes from any residential district. This section is specifically not to be construed to permit violation of the provisions of any zoning ordinance or resolution with respect to height, setbacks, area, lot coverage, or external signage or to permit architectural designs substantially inconsistent with the character of the surrounding neighborhood. This section is also not to be construed to permit conducting of the ministerial activities of any private or public organization or agency or to permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. If reasonably related to the requirements of a particular home, a local zoning or other development regulation may, without violating the provisions of this section, also attach specific location requirements to the approval of the group home, including the availability of such services and facilities as convenience stores, commercial services, transportation, and public recreation facilities.
(2.5) In connection with an application for development approval of the siting of a new facility to be used exclusively as a group home for the aged or for at-risk adults under the county's subdivision, zoning, platting, planned unit development, or other similar land development regulations, in addition to any other information required to be submitted, the county may request the applicant to submit a transportation plan showing how the operators of the facility intend to meet the transportation needs of the residents of the facility. The sufficiency of the transportation plan submitted pursuant to this subsection (2.5) may be considered by the county in reviewing the application but may not, by itself, constitute grounds for denying the application.
(3) (a) As used in this subsection (3), unless the context otherwise requires:
(I) Repealed.
(II) "Equivalent performance engineering basis" means that by using engineering calculations or testing, following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety, and functional requirements to the same extent as required for other single family housing units.
(b) (I) No county may have or enact zoning regulations, subdivision regulations, or any other regulation affecting development which exclude or have the effect of excluding homes from the county that are:
(A) Homes certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf;
(B) Homes certified by the United States department of housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf; or
(C) Homes that meet or exceed, on an equivalent performance engineering basis, standards established by the county building code.
(II) Nothing in this subsection (3) shall prevent a county from enacting any zoning, developmental, use, aesthetic, or historical standard, including, but not limited to, requirements relating to permanent foundations, minimum floor space, unit size or sectional requirements, and improvement location, side yard, and setback standards to the extent that such standards or requirements are applicable to existing or new housing within the specific use district of the county.
(III) Nothing in this subsection (3) shall preclude any county from enacting county building code provisions for unique public safety requirements such as snow load roof, wind shear, and energy conservation factors, unless the home is certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf or the United States department of housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf. A county must comply with section 24-32-3318 when enacting building code provisions for a manufactured home as defined in section 24-32-3302 (20).
(IV) Nothing in this subsection (3) shall be deemed to supersede any valid covenants running with the land.
History
Source: L. 39: p. 301, 14. CSA: C. 45A, 14. CRS 53: 106-2-14. C.R.S. 1963: 106-2-14. L. 66: p. 43, 7. L. 75: Entire section amended, p. 933, 56, effective July 14. L. 76: (2)(a.5) added, p. 695, 1, effective April 29. L. 79: (1) amended, p. 1161, 5, effective January 1, 1980. L. 84: (3) added, p. 823, 1, effective January 1, 1985. L. 87: (2)(b.5) added, p. 1216, 1, effective July 1. L. 90: (2)(b) amended, p. 1476, 1, effective July 1. L. 91: (2)(b)(II) amended, p. 1858, 20, effective April 11. L. 94: (2)(b.5) amended, p. 2715, 297, effective July 1. L. 2001: (2)(a), (2)(b), and (2)(b.5) amended, p. 103, 1, effective March 21. L. 2006: (2)(b)(II) amended, p. 2021, 114, effective July 1; (2)(b.5) amended, p. 1407, 75, effective August 7. L. 2008: (2.5) added, p. 167, 1, effective August 5. L. 2010: (2)(b.5) amended, (SB 10-175), ch. 188, p. 806, 81, effective April 29. L. 2013: (2) (a) amended, (HB 13-1314), ch. 323, p. 1812, 52, effective March 1, 2014. L. 2017: (2)(b.5) amended, (SB 17-242), ch. 263, p. 1378, 299, effective May 25; (2)(b)(II) amended, (SB 17-226), ch. 159, p. 590, 9, effective August 9. L. 2021: (3)(a)(I) repealed and (3)(b)(I) and (3)(b)(III) amended, (HB 21-1019), ch. 122, p. 485, 29, effective September 7. L. 2022: (2)(b.5) amended, (HB 22-1256), ch. 451, p. 3237, 48, effective August 10. L. 2023: (1.5) added, (SB 23-188), ch. 68, p. 252, 27, effective April 14.
Annotations
Cross references: (1) For the care and treatment of persons with developmental disabilities, see article 10.5 of title 27.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.
Annotations
ANNOTATION
Annotations
Law reviews. For article, "Local Government Exactions from Developers after Beaver Meadows", see 16 Colo. Law. 42 (1987). For article, "Group Homes: Mandated by Statute but Locally Regulated", see 21 Colo. Law. 1643 (1992). For article, "Group Home Regulations Under State and Federal Law", see 35 Colo. Law. 37 (Feb. 2006).
Purposes set forth. This section sets forth the many purposes for which zoning regulations may be designed and enacted, including not only the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the state but also, among other purposes, the classification of land uses and distribution of land development and utilization, protection of the tax base, fostering of the state's agricultural and other industries, and the protection of urban and non-urban development. Bd. of County Comm'rs v. Thompson, 177 Colo. 277, 493 P.2d 1358 (1972).
Judicial presumption of adequate consideration. In the absence of evidence to the contrary, the court will presume that the board of county commissioners did give ample consideration to the multiple purposes of zoning when it adopted the zoning resolution. Bd. of County Comm'rs v. Thompson, 177 Colo. 277, 493 P.2d 1358 (1972).
Adoption of section permitting developmentally disabled persons to live in group homes reflects legislative intent to assist such persons to live in normal residential surroundings. Double D Manor v. Evergreen Meadows, 773 P.2d 1046 (Colo. 1989).
Delegation of zoning authority to county. A delegation of authority is not invalid simply because its terms are broad and general, although there must be sufficient standards and procedural safeguards involved in the delegation and subsequent implementation to ensure than any action taken by a county in response to a land use proposal will be rational and consistent and that judicial review of that action will be available and effective. Beaver Meadows v. Bd. of County Comm'rs, 709 P.2d 928 (Colo. 1985).
Zoning regulations precluding construction of church building in agricultural zone did not arise from an unconstitutional delegation of authority, nor did such regulations deny due process to the church or regulate religious beliefs of the church. Messiah Baptist Church v. County of Jefferson, Colo., 697 F. Supp. 396 (D. Colo. 1987), aff'd, 859 F.2d 820 (10th Cir. 1988), cert. denied, 490 U.S. 1005, 109 S. Ct. 1638, 104 L. Ed. 2d 154 (1989).
Applied in City of Thornton v. Bd. of County Comm'rs, 42 Colo. App. 102, 595 P.2d 264 (1979); Info. Please, Inc. v. Bd. of County Comm'rs, 49 Colo. App. 392, 600 P.2d 86 (1979); Bd. of County Comm'rs v. City of Thornton, 629 P.2d 605 (Colo. 1981); Glennon Heights, Inc. v. Central Bank & Trust, 658 P.2d 872 (Colo. 1983); Beaver Meadows v. Bd. of County Comm'rs, 709 P.2d 928 (Colo. 1985).